What is the Legal 2000 Form?
The Legal 2000 is a term commonly used in Nevada that refers to the Nevada statutory form for involuntary psychiatric evaluation. The Legal 2000 is specifically outlined in Nevada Revised Statutes (NRS) section 433A.170, and is a key document within the Nevada Revised Statutes relating to involuntary examinations of mentally ill persons. The Legal 2000 Form is used by law enforcement officers, law enforcement officers with specialized training, and individuals with special knowledge or training to determine whether a person should be taken into custody and held for further psychiatric examination and possibly involuntary treatment.
Specifically, the Nevada Revised Statutes provide that the Legal 2000 Form may be completed by a peace officer or other individual who believes that someone already under his or her "jurisdiction, including personnel at a mental health facility or personnel who contract to perform mental health services," is mentally ill and is a danger to himself or herself or others, or is gravely disabled. Persons who complete the Legal 2000 must have some "special knowledge or training" relating to mental health, however , it is not clear exactly what "special knowledge or training" is required. Law enforcement officers, for instance, perform Legal 2000 Actions as part of their regular duties and do not typically have any substantial special training in the area of mental health or mental illness. Private hospital personnel may also fill out a Legal 2000 Action as part of a regular duty in some mental health facilities.
Law enforcement officers who complete a Legal 2000 can hold the person from twenty-four hours up to seventy-two hours in order to take the person before a Commission on Mental Illness or file a petition with the district court asking that the person be committed to a mental health facility. In emergencies where there is not enough time to fill out a Legal 2000 Form, an officer may sometimes place a person on emergency hold without a Legal 2000 by necessary force in any location from which there is a danger that the individual may escape or injure himself or herself. An officer may take a person into emergency custody without a Legal 2000 based on the officer’s assessment of the person’s mental illness and danger to himself or herself or another person.
When to Use the Legal 2000 Form
The Legal 2000 Form is used if someone is taken involuntarily for an evaluation of their mental status. If someone is taken into custody under a Legal 2000 hold, the normal basis for the Legal 2000 hold is that they might be a threat to themselves or other people.
The Legal 2000 form is also used if someone voluntarily goes to a mental health care facility but is being admitted for a longer period of time than is allowed by the normal voluntary admission. A declaration will be signed stating that the person has been informed that the facility will be holding them for an involuntary period of time. If someone has been voluntarily admitted and can communicate their thoughts and feelings to medical personnel, then they can refuse to be held and the form is not applicable.
Working of the Legal 2000 Process
Once the Legal 2000 form is issued, law enforcement officers will take the person to a facility with a psychiatric evaluation center. As set forth in NRS 433.429 – Procedural – When a peace officer takes a person into custody and delivers the person to an appropriate facility pursuant to NRS 433.409 or 433.416, a licensed mental health professional employed by the facility shall examine the person at the facility as soon as practicable after the delivery of the person and decide within 72 hours after the delivery whether the criteria are met for the involuntary court-ordered hospitalization of the person. If the licensed mental health professional who first examines the person recommends that, on the basis of that person’s mental health crisis, the person should be involuntarily hospitalized, the matter shall be promptly reviewed by a second licensed mental health professional who is independent of the first and is employed by the same facility. The decision of the second licensed mental health professional is determinative. For the purposes of this subsection, a second licensed mental health professional is considered to be independent if she or he has not participated in the decision regarding the evaluation and detention or hold of the person.
The law is also clear that "As used in this section, "licensed mental health professional" means a psychiatrist or psychologist, advanced practice registered nurse with a specialty in psychiatric and mental health nursing, marriage and family therapist, clinical social worker or clinical alcohol and drug abuse counselor. Under current Nevada law, licensed mental health professionals cannot delegate their statutory duties to anyone else.
As a patient, you have the right to a professional who has not had any involvement in their legal proceeding to examine them to see if there is enough information to make a recommendation of their mental health. So even when an officer takes someone into custody under the Legal 2000, the individual does have rights.
Consequences of a Legal 2000 Hold
There are several implications involved in being placed on a Legal 2000 hold. First, your rights are very limited. A legal 2000 Hold is not a criminal matter. You have no right to an attorney, you have no right to a speedy trial, you have no right to a jury or any appeal for anything that happens while on a Legal 2000 hold.
Second, the medical treatment and mental health care that you receive may be subject to limitations based on what insurance will cover and what expenses the hospital or treating facility are willing to absorb. Shorter and less expensive treatment tends to be more successful than long term confinement, hence the tendency for hospitals to seek to release patients as quickly as possible once the person is stabilized.
Third, the ultimate outcome of being subject to a Legal 2000 hold may result in commitments where the person is held in a closed or locked facility and perhaps even in some cases injection of medications against the person’s will; so that the hospitals do not police the medications that are prescribed to the person being held. Medical professionals frequently base decisions about medical care for those on involuntary holds based on the desire to avoid liability for adverse events that might happen if the person released from the involuntary hold without adequate medications to prevent recurrence of symptoms that resulted in the initial involuntary hold.
Legal Rights and Protections
Individuals who are placed on a Legal 2000 are protected by a variety of legal rights. First, as soon as an individual is placed on a Legal 2000 hold he or she is entitled to a court hearing to contest the hold. This hearing must be held within a certain time period after the Legal 2000 hold is initiated. If the hearing is not held within the time period required by the Nevada Revised Statutes then the individual will automatically be released.
The individual may also qualify for legal representation if it is determined by a judge that the individual is indigent and cannot afford an attorney. It is important that the individual wants a hearing as soon as possible. Stalling the court date, by refusing to sign the waiver of the hold form, or requesting a second evaluation, is likely to delay the release of the hold .
The parent or responsible relative may also obtain a second opinion from a psychiatrist once an individual has a scheduled hearing. An application for second examination and recommendation (form LR-84) may be filed on behalf of the individual in order to contest the hospitalization beyond the initial 72 hour period.
Legal 2000 holds must be expeditiously heard within the time limits of the statute. While hearings generally occur during business hours, the state mental health facility where the patient is being held is directed to have a judicial figure available for legal rights hearings. Legal representation by a suitably qualified legal professional is recommended.
Release from a Legal 2000 Hold
Upon entry of the Order for Emergency Admission and Judicial Determination, a probable cause hearing must be conducted within 72 hours of the initial detention. The hearing is upon a petition accompanied by a physician’s certificate or affidavit recommending a judicial determination of legal incapacity within the prior five (5) days. During the hearing, the person ordered detained has a right to counsel. A sample legal 2000 form is set forth below. Having practiced law on the south side, and been intimately familiar with the legal 2000 form, the one substantitive question I have is: Without a copy of the legal 2000 form before hand, how exactly did he know that the person was not having delusions and hallucinations?
Release from Hold The Court may involuntarily hold a person for the initial 72-hour period as outlined above at the beginning of this article. However, there are provisions for the release of these individuals who were held in this emergency hold. Reasons for release from the legal 2000 form are as follows: Criteria for Discharge If the Chief Medical Officer has determined that the patient is appropriate for treatment, is a danger to him or herself or others, or is gravely disabled, the person may be held for 5 days for treatment. Thereafter, the Director of the facility may discharge the person if it is determined that: Intake, Assessment, and Treatment Upon being released from the legal 2000, the Nevada mental health facility will develop an appropriate treatment plan for the individual. This plan will be carried out through treatment programs, inpatient or outpatient, immediate or long-term. Follow-up aftercare of the individual may include: Again, the above is only and example of how a legal 2000 is setup.
Legal Assistance and Resources
Lawyers who are familiar with Emergency Detention in Nevada may be of assistance in navigating the administrative and legal complexities of the Legal 2000 hold process. Educating yourself about what to expect from the process may help you avoid complications, even if you are not represented by a lawyer in your case . The National Association of the Mentally Ill offers many resources and support groups specifically geared towards mental health consumers, including peer support groups, support line lists, advocacy services, and information about specific mental health and legal issues. Check your local chapter for support groups in your area. Legal Aid of Southern Nevada provides free legal counsel to individuals in the Las Vegas area on a range of issues and has lawyers familiar with the state mental health system to assist with your Legal 2000 concerns.